산재 보험 사업종류 변경신청 반려 처분의 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a corporation that has been incorporated with aluminium as its business purpose.
B. On May 2016, the Plaintiff applied the type of industrial accident compensation insurance business as “manufacturing Steel and Competing Products” (22004, insurance premium rate: 33/1,000). Around May 2016, the Plaintiff filed an application with the Defendant for changing the type of industrial accident compensation insurance business to “automobile parts manufacturing business” (22708, insurance premium rate: 16/1,000), which applies to the Plaintiff’s business (hereinafter “instant application”).
C. On July 28, 2016, the Defendant returned the instant application to the Plaintiff on the ground that the industrial accident insurance premium rates and the type of business applicable to the Plaintiff for each type of business in 2016 (No. 2015-101 of the Ministry of Employment and Labor’s notification) constituted “manufacturing industry of steel and joint gold metal products” as indicated in the table of business types in the table of business types, and that the current type of business applied is reasonable (hereinafter “instant disposition”).
Accordingly, on October 13, 2016, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the Plaintiff’s appeal on April 4, 2017.
[Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is producing aluminium pipes, which are parts of automobile parts, such as air conditioners, and air conditioners.
The plaintiff mainly manufactures and supplies the Aluminium in the shape and function suitable for the manufacturer's request, and the Aluminium in the shape and function suitable for the manufacturer's request shall not be used as parts of the Aluminium in the motor vehicle-only air conditioners.
In addition, according to the current status of annual sales and remunerations from 2013 to 2015, Aluminium sales as parts for automobiles account for at least 80% of total sales, and the same as the Plaintiff.